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What are the grounds for divorce in Mississippi?

On Behalf of | Dec 5, 2018 | Divorce, Firm News |

In Mississippi, you can get a divorce with or without fault. There are 12 grounds for divorce on top of the no-fault divorce. No-fault divorces happen when the couple can agree on alimony, property division and child custody or support. Fault-based divorces require a court to step in, listen to the case and determine if the grounds provided are enough to grant the divorce.

Understanding which type of divorce you want to go through is vital. If you want to file for divorce based on grounds, then you can choose one of the following:

  1. Desertion
  2. Natural impotency
  3. Adultery
  4. Inhumane treatment
  5. Incest
  6. Bigamy
  7. Incurable insanity
  8. Pregnancy by another person at the time of marriage
  9. Insanity
  10. Custody at the Mississippi Department of Corrections
  11. Excessive drug use
  12. Excessive drinking

Each of these grounds creates a good reason for divorce. However, some require not knowing about the issue prior to marriage. For example, if you know that your spouse is impotent before marriage, then you can’t file for divorce based on natural impotency.

There are time limits to meet for other grounds. Desertion, for instance, must occur for at least one year. There must not be consent, either. If someone leaves on business for a year, for example, the spouse likely knows and will not be able to file that they’ve been deserted.

These are the grounds for divorce allowed in Mississippi. Choose carefully if you want to go through a fault-based divorce since it will go to trial. A judge will make many decisions in regard to your case, so you want to make sure to have evidence of your claims.


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